The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-03-06
THE LAW LECTURES
The Rights and DisabiIito.
Married Women. 0


Saturday lecture on law at sh Usual
versity yesterday, of which the sH Wi,
ing is brief synopsis: oS>
a married woman is not sui
person fully qualified in her own
but has certain disabilities arisin.sat
the fact of her being married p w
common law, marriage is a civil lie
tract, which is valid if the COM Con
parties were willing and able 70 euLg
tract. No ceremony is necessa-y Von'
less special statute so provide" m
parties agree to take each Other ~ 10.
riage, and consummate the marr;aa a-sE
living together; ceremony SisC
solemnizes their exchange of Vows 1Fl
law b ings all marriages ia on 1at
mon level; the relation ION
all cases the same; no Special ~
| tract of the parties can cb eOl-
| its essential conditions and oIge
cations; the relationship is to last Uol~
ring life; it implies certain dnlie. VI.
| fidelity that cannot be overcome. :. VI
conventional, because the parties els - Is
| to it; and it is legal because the Law Slee
| fines its status and conditions. its cba-
acter and duration. Marriage ia 81
| execution Of contract to marry TI
! laws relating to marriage are for,JlS5
on public policy The parties to . 'ii. orsi
marriage must be of q slitahla ga
| Fourteen and twelve wears for IS
and females respectively were the &c o.S'
| est ages in the common law recoon;r;.N-
valid marriages. The parties mTst lug
| be nearly related; must mutually oIU
sent to the marriage; and If such ccs
sent, in the case of either party shot,
be obtained by fraud or duresg ~.
marriage is void. The promise of mo- ,ue
rage given by a minor, that is. q no..
son under tWenty-one years. NAV y.
broken by the MINOR and no action COW
be brought against him But fba
promise of marriage given by an sdnIt
is not thus voidable, aud eT;.
can be brought against an adult br
egen a minor in this case n
marriage is contracted by parties and
| both or either of them. are beIoT
the legal manageable age tine marriage
/ will become valid if the parties Eys
together up to the time of competeuc
to marry, but not otherwise. II eiths
party is under seven years of age, The
marriage contract is a mere nulity
and cannot acquire legal recognition a
any time thereafter. The consent o.
parents is not necessary to the validitv
of the marriage even of minors, but
m lrriage under the age of puberty
with or without such consent, is void.
At common law, there was no DO
cess provided for dissolution Of the
marriage bond, except by an act Of
Parliament; there was efforded bui
little relief for the wife in case Of in
| justice from her husband, and gave he
husband such supremacy over her
that he had little need of legal aid o
enforce his authority. This fiction
of the common law made the
husband and Vsfe one person. Never
theless, the wife had always
legal recognition from the courts sis
was the wife, ne the husband; each IA
legal constituent, and the twain
one has no name in law. The COMM
! law makes a married woman WhO-
incapable of entering into mercanEl:
contracts on her own account. HE
husband becomes the lawful owner q
all her property, which reYests in be-
only in case OF q divorce or q will to
that effect. at the death Of her hus-
band without a will, the wife has The
right to one-third of his estate during
the remainder of her life. This is bei
dover, of which not even will can de-
prive her without her consent
nor can she be deprived at her
husbands death of such immediate
property as clothing, beds, ieWeLry, ETC.,
except to pay his debts. These objects
constituting her paraphernalia, are the
property of the husband during bis
life He thus owns her very clothes,
and case is known in which the hus-
band successfully prosecuted and elopei
| for larceny, who, in taking away the
wife, took also the husbands clothing
which she wore. 4 husband may not
divest his wife of her proper clothing,
but she enjoys ornament in dress BY
his sufferance. The common law thus
takes from the wife many rights and
responsibilities. Ancientiy the wife,
III the presence of her husband, was not
even responsible for crimes of the
Ii. at grade. he being held account
abe for them. The policy OF the
common law is 70 make the
wife fully dependent upon her
husband, and to make the
husband the protector of the wife
thus promoting the welfare Of both.
The man is under legal obligations to
support his wife; and this right OF sup
port the wife can forfeit only by mis-
conduct. His being bankrupt or poor
does not relieve him Of this obligation.
He must furnish her and her children
with proper maintenance, according TO
his rank and circumstances. ThouRn
she is rich, yet she is not required 70
support him. She need not labor even,
and one high authority has said ths
wife is legally constrained in only one
respect, she must abstain from beating
her husband with club"
The common law relating 10 tDe
rights of married women. as glyen
above, has been variously modiqed IL
the several States by special statute''
| These statutes are various ana cnanses
able. and a study of them IS not sulleo
tn. the wants of the general student.
Hinder the civil law, tbawite has more
rights and responsibilities: In THIS, nlaI-
ri3ge creates a partnership IN properly
/ The husband has the right Oh manasf
ing the whole estate; he may dispose =.
| nis hall OF il By will, and nay sen a ,Is
buy at pleasure. In some cases ., ~
| wife retains all her separate pIopsiaT-
vet the whole estate, Whether hsi'
| his. is liable for his debts. aTbs
The next lecture will be on
Rights and Disabilities OF Minors
j